Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (991)
- Social and Behavioral Sciences (888)
- International Law (832)
- Intellectual Property Law (652)
- Criminal Law (642)
-
- Law and Society (574)
- Civil Rights and Discrimination (561)
- Legal Education (555)
- Environmental Law (545)
- Health Law and Policy (504)
- Human Rights Law (486)
- Courts (470)
- Science and Technology Law (454)
- Supreme Court of the United States (438)
- State and Local Government Law (419)
- Arts and Humanities (416)
- Comparative and Foreign Law (414)
- Administrative Law (404)
- Law and Race (379)
- Legislation (376)
- Criminal Procedure (354)
- Business (340)
- Law and Politics (337)
- Law and Gender (336)
- Legal Profession (324)
- Business Organizations Law (318)
- Internet Law (301)
- Law and Economics (301)
- Dispute Resolution and Arbitration (300)
- Institution
-
- Yeshiva University, Cardozo School of Law (664)
- Brigham Young University Law School (303)
- Notre Dame Law School (291)
- American University Washington College of Law (253)
- Ohio Northern University (246)
-
- University of Michigan Law School (232)
- Duke Law (209)
- Seton Hall University (201)
- William & Mary Law School (200)
- Universitas Indonesia (199)
- Fordham Law School (188)
- Maurer School of Law: Indiana University (186)
- Vanderbilt University Law School (175)
- Association of Arab Universities (172)
- University of North Carolina School of Law (158)
- University of Chicago Law School (154)
- Columbia Law School (152)
- Southern Methodist University (150)
- University of Richmond (144)
- Loyola University Chicago, School of Law (143)
- University of Missouri School of Law (143)
- Roger Williams University (142)
- University of Georgia School of Law (140)
- UC Law SF (139)
- Case Western Reserve University School of Law (138)
- University of Minnesota Law School (135)
- Osgoode Hall Law School of York University (134)
- Washington and Lee University School of Law (133)
- Brooklyn Law School (132)
- University of Tennessee College of Law (124)
- Keyword
-
- Law (146)
- Constitutional law (126)
- Supreme Court (117)
- International law (101)
- Climate change (100)
-
- Privacy (98)
- Human rights (92)
- Discrimination (85)
- Abortion (79)
- COVID-19 (78)
- Copyright (78)
- Education (77)
- Regulation (76)
- Criminal law (75)
- First Amendment (73)
- Technology (73)
- Race (71)
- Administrative law (66)
- Artificial intelligence (64)
- AI (63)
- Constitution (63)
- Intellectual property (63)
- Environmental law (62)
- International Law (60)
- Legislation (58)
- United States (57)
- Dobbs (56)
- Policy (56)
- Justice (55)
- Constitutional Law (54)
- Publication
-
- Faculty Scholarship (544)
- Articles (247)
- Ohio Northern University Law Review (245)
- Faculty Publications (225)
- Utah Court of Appeals Briefs (2020 –) (183)
-
- Scholarly Works (112)
- Chulalongkorn University Theses and Dissertations (Chula ETD) (109)
- Student Works (104)
- Midad AL-Adab Refereed Quarterly Journal (103)
- Faculty Articles (100)
- Research Collection Yong Pung How School Of Law (83)
- 2023–2024 Flyers (74)
- Vanderbilt Law School Faculty Publications (73)
- 2022–2023 Flyers (72)
- Fordham Law Review (72)
- Journal Articles (69)
- internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation) (69)
- Georgetown Law Faculty Publications and Other Works (67)
- Roger Williams University Law Review (66)
- The Journal of the Michigan Dental Association (66)
- Mercer Law Review (65)
- Scholarly Articles (61)
- FIU Law Review (60)
- Georgia State University Law Review (60)
- Tennessee Journal of Law and Policy (59)
- GW Law Faculty Publications & Other Works (58)
- Jurnal Hukum & Pembangunan (55)
- Law Faculty Publications (53)
- Seton Hall Law Review (53)
- Cardozo Law Review (51)
- Publication Type
Articles 9241 - 9270 of 11449
Full-Text Articles in Law
Tax Law, Religion, And Justice: An Exploration Of Theological Reflections On Taxation. By Allen Calhoun, Samuel D. Brunson
Tax Law, Religion, And Justice: An Exploration Of Theological Reflections On Taxation. By Allen Calhoun, Samuel D. Brunson
Faculty Publications & Other Works
Since its inception, Congress has used the income tax to accomplish multiple divergent goals. Raising revenue for an expanding array of state functions has always been one critical goal, but has never been the only one. Among other things, Congress has consistently used the income tax to reduce economic inequality, both through progressive tax rates and through redistributive benefits. While these redistributive goals have always underlain the federal income tax, by the middle of the twentieth century, politicians and tax theorists began to view redistribution ambivalently. Concerns over the efficiency of the tax began to displace equitable concerns. Rather than …
The History Of Religious Hiring At American Catholic Law Schools, John M. Breen, Lee J. Strang
The History Of Religious Hiring At American Catholic Law Schools, John M. Breen, Lee J. Strang
Faculty Publications & Other Works
A mission-driven institution requires personnel who are competent for the realization of the mission. The following article examines the practice of Catholic law schools hiring Catholics as law professors throughout the over 150-year history of Catholic legal education in the United States. The history shows that Catholic law schools alternately sought to hire Catholics as law professors or to hire individuals without regard to their religious affiliation as these schools’ self-understanding of mission changed over time.
Leave Your Conscience At The Court: Religious Tax Protest Before And After Rfra, Samuel D. Brunson
Leave Your Conscience At The Court: Religious Tax Protest Before And After Rfra, Samuel D. Brunson
Faculty Publications & Other Works
In the 1970s and 1980s, a number of Americans objected, on religious grounds, to paying income taxes on the grounds that certain government spending violated their religious beliefs. These religious tax protestors largely came from two traditions: Catholics, who opposed government spending on abortion and Quakers, whose Peace Testimony prohibited them from paying taxes that funded war.
These First Amendment objections proved singularly unavailing. Courts consistently held that the Free Exercise Clause of the Constitution does not excuse tax payments, irrespective of the sincerity and ardor of a religious believer’s objections. This constitutional rule was fundamental and established enough that …
A More Capacious Concept Of Church, Samuel D. Brunson
A More Capacious Concept Of Church, Samuel D. Brunson
Faculty Publications & Other Works
United States tax law provides churches with extra benefits and robust protection from IRS enforcement actions. Churches and religious organizations are automatically exempt from the income tax without needing to apply to be so recognized and without needing to file a tax return. Beyond that, churches are protected from audit by stringent procedures. There are good reasons to consider providing a distance between church and state, including the state tax authority. In many instances, Congress granted churches preferential tax treatment to try to avoid excess entanglement between church and state, though that preferential treatment often just shifts the locus of …
Artificial Intelligence On Indian Reservations In The United States: Prospects And Challenges, Adam Crepelle
Artificial Intelligence On Indian Reservations In The United States: Prospects And Challenges, Adam Crepelle
Faculty Publications & Other Works
Increases in computing power have contributed to tremendous improvements in Artificial Intelligence (AI). Despite increasing deployment of AI by public, private, and nonprofit organizations, consideration of AI on American Indian reservations remains in its infancy. In this paper, we suggest that consideration of Internet policy on tribal lands should be expanded beyond consideration of barriers to broadband access to include responsible adoption of emergent technologies, including AI. To facilitate such consideration, we consider the prospects and challenge for deployment of AI in public, private, and nonprofit applications on Indian reservations in the United States. Our particular focus is on how …
The Never-Ending Struggle For Tribal Fishing Rights, Adam Crepelle
The Never-Ending Struggle For Tribal Fishing Rights, Adam Crepelle
Faculty Publications & Other Works
The World Trade Organization’s 2022 Agreement on Fisheries Subsidies failed to acknowledge Indigenous rights. This is problematic, particularly in the United States where tribes have constitutionally recognized sovereignty. Three tribes located within California have taken it upon themselves to assert their sovereignty by creating the United States’ first Indigenous Marine Stewardship Area (IMSA). While the tribes’ jurisdictional power over the IMSA is unclear, the tribes are in the initial stages of comanaging the area with the state of California. Collaborations based upon mutual respect are likely to produce positive results for Indigenous Peoples, the surrounding jurisdiction, and the environment.
Does Expanding Tribal Jurisdiction Improve Tribal Economies: Lessons From Arizona, Adam Crepelle
Does Expanding Tribal Jurisdiction Improve Tribal Economies: Lessons From Arizona, Adam Crepelle
Faculty Publications & Other Works
In 2013, Congress reaffirmed tribes’ inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards prior to implementing VAWA. We test the hypothesis that because improved procedural standards, as well as guaranteed rights, strengthen the belief in fair trials for individuals and businesses on the reservation as well as others who might consider operating a business on the reservation, VAWA adoption ultimately results in higher income for Indians residing on …
Making Red Lives Matter: Public Choice Theory And Indian Country Crime, Adam Crepelle
Making Red Lives Matter: Public Choice Theory And Indian Country Crime, Adam Crepelle
Faculty Publications & Other Works
American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated procedural safeguards, cannot prosecute non-Indian criminals. While state or federal law enforcement have jurisdiction over reservation crimes involving non-Indian perpetrators, they often fail to respond. Hence, non-Indians know they can target Indians with little fear of reprisal. This Article argues the rules governing Indian country crimes were not designed to …
Perpetrators Or Victims? The U.S. Response To The Forced Criminality Of Children, Katherine Kaufka Walts, Meghan Scholnick, Joanne Curley
Perpetrators Or Victims? The U.S. Response To The Forced Criminality Of Children, Katherine Kaufka Walts, Meghan Scholnick, Joanne Curley
Faculty Publications & Other Works
No abstract provided.
Antitrust And Pop Culture: The Sequel, Spencer Weber Waller
Antitrust And Pop Culture: The Sequel, Spencer Weber Waller
Faculty Publications & Other Works
Every pop culture success receives the inevitable sequel. In spring 2022, I published A Pop Culture Guide to Antitrust showing how antitrust is depicted in the movies, on stage, in pop music, fiction, true crime, and on television and streaming services. Since 2022, the connection between antitrust and pop culture has only grown in importance.
To Learn What People Want, Ask, Sarah E. Waldeck
To Learn What People Want, Ask, Sarah E. Waldeck
Faculty Publications & Other Works
No abstract provided.
Bespoke Antitrust, Spencer Weber Waller, Harry First
Bespoke Antitrust, Spencer Weber Waller, Harry First
Faculty Publications & Other Works
No abstract provided.
Prescribing Exploitation, Charlotte A. Tschider
Prescribing Exploitation, Charlotte A. Tschider
Faculty Publications & Other Works
Patients are increasingly reliant temporarily, if not indefinitely, on connected medical devices and wearables, many of which use artificial intelligence (“AI”) infrastructures and physical housing that directly interacts with the human body. The automated systems that drive the infrastructures of medical devices and wearables, especially those using complex AI, often use dynamically inscrutable algorithms that may render discriminatory effects that alter paths of treatment and other aspects of patient welfare.
Previous contributions to the literature, however, have not explored how AI technologies animate exploitation of medical technology users. Although all commercial relationships may exploit users to some degree, some forms …
The Challenges Of Police Defunding And The Reimagination Of Public Safety, Stephen Rushin
The Challenges Of Police Defunding And The Reimagination Of Public Safety, Stephen Rushin
Faculty Publications & Other Works
No abstract provided.
The Law Enforcement Lobby, Stephen Rushin, Zoe Robinson
The Law Enforcement Lobby, Stephen Rushin, Zoe Robinson
Faculty Publications & Other Works
The law enforcement lobby represents one of the most important and undertheorized barriers to criminal justice reform. We define the law enforcement lobby as the constellation of entrenched actors within the justice system—particularly police unions, correctional officer unions, and prosecutor associations—that exert an outsized role in policy development. The law enforcement lobby operates largely without coordinated opposition, resulting in capture of criminal justice policymaking and skewed policy outcomes that often institutionalize injustice and subordination. The strength of the law enforcement lobby also presents a challenge to the growing defunding and abolition movements. Nevertheless, the law enforcement lobby remains at the …
A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose
A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose
Faculty Publications & Other Works
No abstract provided.
Norm-Shifting For Win-Win Change, Kalyani Robbins
Norm-Shifting For Win-Win Change, Kalyani Robbins
Faculty Publications & Other Works
No abstract provided.
Uncharted Waters: Can Water Rights Principles Stem The Tide Of Ecosystem Services Loss?, Kalyani Robbins
Uncharted Waters: Can Water Rights Principles Stem The Tide Of Ecosystem Services Loss?, Kalyani Robbins
Faculty Publications & Other Works
This article will explore the ways in which we might apply aspects of the conceptual framework developed through centuries of water law to the modern need for property interests in ecosystem services.
Water itself is a high-value ecosystem service, largely within the category of “provisioning” ecosystem services. We need access to water to survive, which has resulted in centuries of varying legal approaches to allocating rights to water. Although this right has traditionally been extractive, in the modern era we have developed increasing protections for in-stream benefits as well. While not uniform across jurisdictions, water law is now a highly …
If A Defendant Is Acquitted And Convicted Of Offenses Arising Out Of The Same Conduct And The Judgements Are Declared Void, Can The State Retry The Defendant On The Acquitted Charge?, Alan Raphael, Danya Moodabagil
If A Defendant Is Acquitted And Convicted Of Offenses Arising Out Of The Same Conduct And The Judgements Are Declared Void, Can The State Retry The Defendant On The Acquitted Charge?, Alan Raphael, Danya Moodabagil
Faculty Publications & Other Works
No abstract provided.
Levels Of Generality & Originalism: Proposing A New Way Forward As Originalism Continues To Expand, Marquan Robertson
Levels Of Generality & Originalism: Proposing A New Way Forward As Originalism Continues To Expand, Marquan Robertson
Mitchell Hamline Law Review
No abstract provided.
Restorative Justice And The Rights Of Nature: Using Indigenous Legal Traditions To Influence Cultural Change And Promote Environmental Protection, Anne Haluska
Mitchell Hamline Law Review
No abstract provided.
The Theoretical And Practical Shortcomings Of Necessitating Appreciation For Punishment—Madison V. Alabama, 139 S.Ct. 718 (2019), Martin Sandberg
The Theoretical And Practical Shortcomings Of Necessitating Appreciation For Punishment—Madison V. Alabama, 139 S.Ct. 718 (2019), Martin Sandberg
Mitchell Hamline Law Review
No abstract provided.
Gaping Gaps In The History Of The Independent State Legislature Doctrine: Mcpherson V. Blacker, Usurpation, And The Right Of The People To Choose Their President, Mark Bonhorst, Michael W. Fitzgerald, Aviam Soifer
Gaping Gaps In The History Of The Independent State Legislature Doctrine: Mcpherson V. Blacker, Usurpation, And The Right Of The People To Choose Their President, Mark Bonhorst, Michael W. Fitzgerald, Aviam Soifer
Mitchell Hamline Law Review
The so-called independent state legislature doctrine was the jurisprudential heart of the effort by former President Trump and allies to overturn the 2020 presidential election and was featured in the briefs for Texas v. Pennsylvania. The idea that state legislatures might have power to intervene against the popular vote for the electoral college helped animate the attack on the Capitol on January 6, 2021. Frighteningly, at the very end of the 2021 Term, the Supreme Court accepted review of a North Carolina case—Moore v. Harper—in which Republican Party legislators invoked the independent state legislature doctrine to contend that state legislators …
The Presumption Of Wealthiness: How The Current Bail System In Minnesota Is Problematically Classist, Myranda Sandberg
The Presumption Of Wealthiness: How The Current Bail System In Minnesota Is Problematically Classist, Myranda Sandberg
Mitchell Hamline Law Review
No abstract provided.
No Alternative: The Failure Of The Minnesota Environmental Policy Act To Consider Project Alternatives And Proposed Remedies, Kevin Swanberg
No Alternative: The Failure Of The Minnesota Environmental Policy Act To Consider Project Alternatives And Proposed Remedies, Kevin Swanberg
Mitchell Hamline Law Review
No abstract provided.
Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea
Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea
Mitchell Hamline Law Review
No abstract provided.
Protecting American Blood From "Alien Contamination": Should Strict Scrutiny Apply To The Racist Roots Of 8 U.S.C. § 1326? United States V. Carrillo-Lopez, 555 F. Supp. 3d 996 (D. Nev. 2021), Brenda Pfahnl
Mitchell Hamline Law Review
No abstract provided.
Civil Liability For Sexual Misconduct, Mike K. Steenson
Civil Liability For Sexual Misconduct, Mike K. Steenson
Mitchell Hamline Law Review
No abstract provided.
The Most Substantial Factor: Analysis Of Ambiguous Causation--Staub As Trustee Of Weeks V. Myrtle Lake Resort, Llc, 964 N.W.2d 614 (Minn. 2021), Hailey Oestreicher
The Most Substantial Factor: Analysis Of Ambiguous Causation--Staub As Trustee Of Weeks V. Myrtle Lake Resort, Llc, 964 N.W.2d 614 (Minn. 2021), Hailey Oestreicher
Mitchell Hamline Law Review
No abstract provided.
Defaming The President, Douglas B. Mckechnie
Defaming The President, Douglas B. Mckechnie
Mitchell Hamline Law Review
No abstract provided.